Judge dismisses barking dogs

A Killucan couple have been advised to do all they can to prevent their dogs causing a noise nuisance to their neighbour.

However, Judge Timothy Lucey declined to make a specific order in the case.

Philip Archbold of 1 Delvin Road, Killucan took a case against his neighbours Amanda and Richard Ramsey of 3 Delvin Road, Killucan under the Environmental Protection Agency Act, stating that their dogs were creating noise which gave a reasonable cause for annoyance.

Mr Archbold claimed that the couple’s two Labrador cross dogs bark “incessantly all day” when they are not home, especially when school children are nearby or when cars turn outside their house.

When the couple are at home, the dogs are “great”.

Ms Ramsay told the court that the ten year old dogs have a large pen at the back of the house. She has lived there for seven years and there has been no trouble before.

Neighbours appeared in court to say they had no difficulty with the dogs.

Mr Archbold played video evidence to illustrate the extent of the noise which the judge agreed was “a lot of barking” which “could be annoying enough”.

He said the case hadn’t been proven by Mr Archbold but accepted that the situation was very stressful for him that he and had no ulterior motive for his complaint.

“Do whatever you can to minimise the noise,” he said. “Try to make it easier for him.”

He said that people have varying degrees of sensitivity to noise and asked the couple to consider suggestions made by Mr Archbold that they block their side fence which would prevent the dogs from seeing people passing which causes them to bark.

Mr Archbold said his own dog doesn’t bark because he has a device which emits a sonic beep which stops him barking.